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FIRE ESCAPES

If a will making a devise for benevolent purposes provides that the trustees shall not be required to make reports, such provision will not invalidate the will, but the trustees will be required to comply with the law. Ackerman v. Fichter, 179 Ind. 392, 101 N. E. 493.

If the trustees named in a will that makes a devise for charitable purposes are capable of taking and holding the property devised and

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of directing expenditures, the fact that the beneficiaries are uncertain in number and identity, such as the pupils of a school, does not render the will invalid, nor does the fact that a will devising property for the benefit of a school under control of a Catholic church provides for paying for masses render the will invalid. Ackerman v. Fichter, 179 Ind. 392, 101 N. E. 493.

3510. Approval of report-Duty of court.-2. It shall be the duty of the judge of the circuit court of the county in which such trustees reside to approve said report, and to see that the conditions of the donor of money for benevolent purposes be carried out according to the purposes of the donor; and if such trustees fail in any one year to render such report, the judge shall issue an order compelling them to appear and show cause why they did not report, and all costs accruing in such cases are to be paid by said trustees.

BUILDINGS

ARTICLE 1.—CONSTRUCTION, REGULATIONS.

[Acts 1909, p. 320. In force April 5, 1909.]

4418. Fire, means of escape.-1. Every building now or hereafter used in whole or in part as a public building, public or private institution, sanitarium, surgical institute, asylum, school house, dormitory, church, theater, public hall, place of assemblage or place of public resort, and every building in which persons are employed above the second story in a factory, workshop, or mercantile or other establishment, and every hotel, family hotel, apartment house, boarding house, lodging house, club house or tenement house, in which persons reside or lodge above the second story, and every factory, workshop, mercantile or other establishment of more than two stories in height, shall be provided with proper ways of egress or means of escape from fire, sufficient for the use of all persons accommodated, assembled, employed, lodged or residing in such buildings, and such ways of egress and means of escape shall be kept free from obstruction, in good

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repair and ready for use at all times, and all rooms above the second story in such building shall be provided with more than one way of egress or escape from fire, placed as near as practicable at opposite ends of the room and leading to fire escape on the outside of such building or to stairways on the inside, provided with proper railings. All outside doors subject to the provisions of this section shall open outward, and all windows open outward or upward. No chairs or seats shall be allowed in the aisles or passways of such building during any entertainment or service, or when people are assembled therein, and no one shall interfere with any peace officer in attempting to enforce the provisions of this act. The proscenium, or curtain opening, of all theaters shall have a fire-resisting curtain of some incombustible material, and such curtain shall be properly constructed and shall be operated by proper mechanism. The certificate of the fire chief of the city where said building is located, certifying that the provisions of this act have been complied with, shall be prima facie evidence of a compliance with such requirements.

Persons who carry on a business within the meaning of this act, and who do not comply with the provisions of this section as to the construction of fire escapes, may be liable for damages to persons who are injured because of the failure

of the owners of a building to provide such escapes, and the sufficiency of a complaint in an action to recover damages is considered. Steiert v. Coulter, 54 App. 643, 102 N. E. 113, 103 N. E. 117.

See notes to section 4443.

4419. Fire escapes, when required.-2. In addition to the foregoing means of escape from fire, all such buildings as are enumerated in section 1 of this act as are more than two stories in height shall have one or more fire escapes on the outside of said building, as may be directed by the fire chief aforesaid, except in such cases as the said fire chief may deem such fire escape to be unnecessary in consequence of adequate provisions having been already made for the safety in event of fire, and in such cases of exemption, the said fire chief shall give the owner, lessee or occupant of said building a written certificate to that effect and his reasons therefor, and such fire escapes as are provided for in this section shall be constructed according to specifications issued by [the] state department of inspection and accepted by the chief inspector, or approved by the fire chief, and shall be connected with each

APPROVAL OF FIRE ESCAPES

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floor above the first, well fastened and secured by extending the bolts or fastenings entirely through the walls, and of sufficient strength, each of which fire escapes shall have landings or balconies guarded by iron railings not less than three feet in height, and embracing one or more windows at each story, and connecting with the interior by easily accessible and unobstructed openings; and all the balconies or landings shall be connected by iron stairs, placed at a slant of not more than forty-five degrees, protected by a well secured hand rail on both sides, with a sixteen-inch-wide drop ladder from the lower platform, reaching to the ground; except in cases of school buildings, iron stairs shall extend to a ground landing, and no telegraph, telephone, electric light poles, trees or wire, signs or other obstructions shall interfere with the construction and use of any fire escape.

Persons who fail to construct fire escapes as required by law may be liable for injuries caused by the

want of such escapes. Steiert v. Coulter, 54 App. 643, 102 N. E. 113.

4420. Plan of escapes, approval.-3. Any other plan or style of fire escape shall be sufficient if approved by the chief inspector, but if not so approved, the chief inspector may notify the owner, proprietor or lessee of such establishment or of the building in which such establishment is conducted, or the agent or superintendent, or school officer, or either of them in writing, that any such plan or style of fire escapes is not sufficient, and may, by an order in writing, served in like manner, require one or more fire escapes as he shall deem necessary and sufficient to be provided for such establishment at such location, and [of] such plan and style as shall be specified in such written order. Within twenty days after the service of such order, the number of fire escapes required in such order for such establishment shall be provided therefor, each of which shall be of the plan and style in accordance with the specifications in said order required. The windows or doors to each fire escape shall be of sufficient size and be located, as far as possible, consistent with accessibility from the stairways and elevators, hatchways or openings, and the ladder thereof shall extend to the roof. Stationary stairs or ladders shall be provided on the inside of such establishment from the upper story to the roof as a means of escape in case of fire.

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ROAD MEETINGS-CAR SERVICE

HIGHWAYS

ARTICLE 1.-STATE HIGHWAY COMMISSION.

[Acts 1919, p. 119. In force March 10, 1919.]

8282. Purdue laboratory.-15. The testing laboratory of Purdue University shall be available to the state highway commission for the testing of materials to be used in the construction or maintenance or repair of state highways.

division-Purdue

8302. Maintenance division-Purdue University-Road meetings. 3312. The state highway commission, through its maintenance division, is hereby authorized to co-operate with and assist Purdue University engineering school and the several counties of the state in developing the best methods of improving and maintaining the highways of the respective counties. For the purpose of disseminating knowledge of highway maintenance methods best suited to various sections of the state, the county, township and state road officials may hold joint road meetings in these various sections. [As enacted, Acts 1921, p. 469.]

RAILROADS STEAM, INTERURBAN AND STREET

ARTICLE 4.-OPERATION.

[Acts 1907, p. 434. In force April 10, 1907.]

12973. Car service, discrimination.-5. Every carrier subject to the provisions of this act shall furnish to all parties who may apply therefor, as provided in this act, suitable cars for the transportation of all kinds of freight in carload lots. If the car equipment of the carrier is not adequate at any time to supply the whole number of cars demanded by applicants for immediate use, then the carrier shall distribute its available equipment between the applicants in proportion to their respective requirements for immediate use, and such distribution shall be made without discrimination between shippers or between competitive and non-competitive points, subject to such rules and regulations as may be provided by the public service commission of Indiana: Provided, however, That preference shall be given to the shipment of livestock and perishable property: And provided, also, That in all cases

PUBLIC OWNED VEHICLES

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where any coal mine or mines are under contract to furnish all or any part of their product to the state for the use of all or any of the buildings or public institutions of the state, the commission shall have power, by order, to require any carrier serving such mine or mines to supply empty coal cars to such mine or mines for delivery only. of coal within the State of Indiana up to one hundred per cent. of the cars necessary to fill the daily order contracted by such mine with the State of Indiana for the use of such buildings or institutions, and it shall be the duty of any carrier serving any such coal mine or mines to comply with such order. The power conferred and the duty imposed by this section shall be valid and binding, any section in this act or any other act to the contrary notwithstanding: Provided, That the reconsignment of shipments of coal shall be unlawful unless authorized by the public service commission of Indiana. [As amended, Acts 1920, p. 53.]

MOTOR VEHICLES

ARTICLE 1.-REGISTRATION OF MOTOR VEHICLES.

[Acts 1925, p. 570. In force March 14, 1925.]

10092. Public owned motor vehicles-Exemptions-Registration.-10. Motor vehicles, motor bicycles, tractors, trailers, and semi-trailers owned by the State of Indiana and by any county, township, city, town or school corporation thereof, and used in the transaction of official business, are hereby exempted from the payment of fees herein provided, but shall not be exempt from registration. The secretary of state shall furnish, on application, free of charge, distinctive number plates for such motor vehicles, motor bicycles, tractors, trailers and semi-trailers so exempted, and shall keep a separate record thereof. Applications for licenses under the provisions of this section shall be made in the name of the state or of the governmental or political subdivision legally owning the motor vehicle, motor bicycle, tractor, trailer or semi-trailer to be registered, and shall be signed by the proper officer of the institution, department or political subdivision owning and operating the

same.

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